Answer to Complaint for Divorce and Counterclaim with Children - Nevada - Edit, Fill, Sign Online

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Code No. 1137

Name: ____________________________

Address: ____________________________

__________

____________________________

Telephone:

____

_______________________

IN THE FAMILY DIVISION

OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF WASHOE

____________________________ )

(The other party’s name) )

Plaintiff, ) Case No. _____________________

vs )

) Dept. No. _____________________

______________________________ )

(Your name) )

Defendant. )

___________________________________)

ANSWER TO COMPLAINT FOR DIVORCE AND COUNTERCLAIM

With Children

COMES NOW, Defendant, __________________________, in Proper Person, and

(Your name)

hereby Answers Plaintiff’s Complaint as follows:

I.

Insert the paragraph numbers from the Complaint that you agree with on the line below.

Defendant admits the allegations contained in paragraph(s) _____________________

__________________ of the Complaint.

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II.

Insert the paragraph numbers from the Complaint that you do not

agree with on the line below.

Defendant denies the allegations contained in paragraph(s) ________________________

of the Complaint.

III.

Insert the paragraph numbers from the Complaint that you do not know to be true or

false because you do not have enough information.

After reasonable investigation, this Defendant is without sufficient information to form a

belief as to the truth or falsity of the matters alleged in paragraph(s) _______________________

of the Complaint; the allegations are therefore denied with proof demanded at trial.

COUNTERCLAIM

Defendant, as and for a Counterclaim for Divorce against Plaintiff, alleges as follows:

I.

The ____________________________ is a resident of the State of Nevada, County of

(Plaintiff or Defendant)

_______________________, for a period of more than six weeks immediately preceding the

(County of residence)

commencement of this action, has resided in, been physically present in, and is a bona fide

resident and domiciliary of, the State of Nevada, and intends to continue to make the State of

Nevada her/his __________ home for an indefinite period of time.

The ____________________ is a resident of the State of _______________, County of

(Plaintiff or Defendant)

_______________________.

(County of residence)

II.

The parties were married on ___________________, in __________________________

(date of marriage) (City or County of Marriage)

State of _____________________________, and ever since that day have been, and are now,

(State in which marriage took place)

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husband and wife.

III.

Wife _________________ pregnant at this time.

(is or is not)

If Wife is pregnant at this time, answer the following questions. If Wife is not pregnant,

print “N/A” in the spaces.

Husband _____________ the father of the unborn child. The unborn child is

(is or is not)

due to be born on: (date of expected birth)__________________________________.

IV.

In the following paragraph, list all children born of this union, whether born prior to

marriage or during the marriage and also include any children who were adopted during

the time of the marriage.

That there are _____________ minor children born to, or adopted, through this union.

(Number of minor children)

Name Age Date of Birth

______________________________________ _____________ ___________________

V.

Children’s Residence

In the following paragraph, print each child’s name and indicate in what State each

child presently resides and how long the child has resided in that state.

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The state of residence of the children is as follows:

Name State Of Residence Length Of Time Child Has

Lived In That State

____________________ _____________________ _________________________

____________________ _____________________ __________________________

____________________ ______________________ __________________________

If the children have not been physically present in the State of Nevada for the past six

months, STOP HERE. There may be a jurisdictional issue regarding the authority of the

court to enter orders concerning custody and visitation of the children and you should seek

the assistance of a private attorney or the Self Help Center before going any further.

VI.

LEGAL CUSTODY OF THE CHILDREN

WARNING: Your choice of custody terms may have a direct effect on your legal rights to

your children. Be sure you are familiar with the legal definitions of the different kinds of

custody before you agree to how custody will be stated in these documents. Initial only

ONE of the following statements and print “not applicable” in the other space.

_________ Mother and father are fit and proper persons to share joint legal custody of the minor

Initial

child(ren) _____________________________________________________________________

(names of child(ren)

OR

_________ __________________________ is a fit and proper person to have sole legal custody

Initial (mother or father)

of the minor child(ren) ___________________________________________________________

(names of child(ren) )

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VII.

PHYSICAL CUSTODY OF THE CHILDREN

There are TWO different choices in the following paragraph: (a) joint physical custody;

or (b) primary physical custody; Choose only ONE. Initial the ONE choice. In the

space not initialed, print “N/A”.

(a) Joint Physical Custody

____________ mother and father are fit and proper persons to be awarded joint physical custody

Initials

of the minor children ____________________________________________________________

(Names of children)

with visitation and exchange as set out in Paragraph VIII.

OR

(b) Primary Physical Custody

____________ ________________________is a fit and proper person to have the primary

Initials (Name of custodial parent)

physical custody of the minor child(ren),_____________________________________________

(Names of the children)

with visitation by the non-custodial parent as set forth in the following schedule.

VIII.

WEEKLY/MONTHLY AND SUMMER EXCHANGE AND VISITATION

Visitation must be set out in specific detail, including a full weekly or monthly schedule

with the days and exchanges will take place, the times of the exchanges, and who will

provide transportation. Also include specific details regarding holiday sharing and

summer vacation periods. Without very specific visitation, a Decree will not be granted.

Terms such as “reasonable visitation” and “visitation at reasonable times and places”

will not be accepted.

______________________________________________________________________________

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______________________________________________________________________________

HOLIDAY VISITATION

(You may add or subtract any holidays on the following list. If you choose not to

exchange the child/ren on a specific holiday, print N/A” in the spaces for that holiday. If

no changes for the holidays are to be made in the regular visitation schedule, state that

clearly in the next paragraph and print “not applicable” on the lines provided for the

individual holidays.)

The major holidays will be handled in the following manner:

(Name each specific holiday, such as Thanksgiving, Christmas, Easter, Passover,

Hanukkah, and explain what the arrangements will be on those holidays.)

______________________________________________________________________________

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______________________________________________________________________________

New Year’s Day will be alternated with_____________________________ having

(Father or Mother)

the child in the year _________ and each ______________year thereafter.

(odd or even)

Martin Luther King’s Birthday will be alternated with____________________ having

(Father or Mother)

the child in the year __________ and each ______________year thereafter.

(odd or even)

President’s Day will be alternated with____________________________ having

(Father or Mother)

the child in the year __________ and each ______________year thereafter.

(odd or even)

Memorial Day will be alternated with_____________________________ having the

(Father or Mother)

child in the year _________ and each ______________year thereafter.

(odd or even)

Fourth of July will be alternated with_____________________________ having the

(Father or Mother)

child in the year _________ and each ______________year thereafter.

(odd or even)

Labor Day will be alternated with _______________________having the child in

(Father or Mother)

the year __________ and each ______________year thereafter.

(odd or even)

Nevada Day will be alternated with_________________________ having the child in

(Father or Mother)

the year __________ and each ______________year thereafter.

(odd or even)

Halloween will be alternated with_________________________ having the child in

(Father or Mother)

the year _________ and each ______________year thereafter.

(odd or even)

Veteran’s Day will be alternated with______________________ having the child in

(Father or Mother)

the year _________ and each ______________year thereafter.

(odd or even)

Child’s birthday will be alternated with ____________________having the child in

(Father or Mother)

the year _________ and each ______________year thereafter.

(odd or even)

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________Mother shall have the child on Mother’s Day and Father shall have the child on

(Yes or No) Father’s Day.

Should a holiday fall on a three day weekend and it is the other parent’s weekend to have

the child(ren), the three day holiday will be handled as follows:

______________________________________________________________________________

IX.

CHILD SUPPORT

The child support MUST be based on the formula as set out in the Nevada Revised

Statutes. You may not just state an arbitrary amount.

_______________ shall pay child support in the amount of $____________

(Father or Mother)

per month, per child, for a total monthly child support obligation of $______________________

per month. The child support shall be paid on or before the ________day of each month.

This amount is based upon the following information:

Husband’s gross monthly income is $________________________________.

(Amount earned per month before deductions)

Wife’s gross monthly income is $___________________________________.

(Amount earned per month before deductions)

Initial only ONE of the following statements. DO NOT INITIAL ALL LINES. Print

“N/A” on those lines you do not initial.

_________ _______________________ is the non-custodial parent and, the amount on line 16

(Mother or Father)

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above, is in compliance with NRS 125B.070 and is ______________% of

(18%, 25%, 29%, 31%)

_____________________ gross monthly income or the minimum amount.

(Father's or Mother's)

OR

__________ Because Parents are joint physical custodians, the amount of child support on line

16 above meets the statutory requirement.

OR

__________ The support obligation amount is not the amount required in the statutes. Under the

statutes, the child support obligation for ______________ would be $___________

(Mother or Father)

per month, per child. However, that amount should be different because: (Please

see NRS 125B.080 for the only reasons you can deviate from the statutory formula,

and list your reasons here)

______________________________________________________________________________

The child support obligation for each child shall continue until that child reaches the age of

eighteen years, or, if the child is still attending high school at the age of eighteen years, until the

child reaches the age of nineteen years or graduates from high school, or is otherwise

emancipated, whichever occurs first.

A wage assignment for the child support ________________be immediately put in place.

(will or will not)

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Initial ONLY ONE of the following statements regarding child support. On all other

lines, print “N/A”

1. ________ There is already a Child Support action through the District Attorney’s Office and

payment of the child support shall continue to be handled through that office.

2. ________ The children are receiving Welfare benefits and the Welfare Department has, or

will have, a child support case through the District Attorney’s Office and the

District Attorney’s Office shall continue to handle the child payments.

3. ________ No formal child support obligation has ever previously been established and this

will be the first Court Order for child support and the parent paying child support

will pay the support directly to the receiving parent.

4. ________ Although this is the first Court Order for child support, the payments will be

through the District Attorney’s Office and the parent who will be collecting child

support shall open the case with the District Attorney’s Office.

X.

HEALTH CARE

Provisions must be made for health care for the child(ren). If neither parent has health

insurance on the child(ren), that must be stated. If the children are on Medicaid, that

must be stated. Fill in all spaces, do not leave any spaces blank.

The child(ren) presently ______________ covered by a health insurance policy.

(are or are not)

The child(ren) presently ______________ on Medicaid.

(are or are not)

______________________ shall maintain health insurance on the child(ren) through

(Husband or Wife or both parents)

their employment.

The parties shall each share, equally, any health expenses incurred on behalf of the

child(ren) that are not covered by insurance, and each party shall be responsible for one half of

the deductible and one half of the insurance premium.

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XI.

DIVISION OF ASSETS

Initial ONLY ONE of the statements below. Print “N/A” in the spaces you do not use.

1.

________ All of the community assets and property have been previously divided and

each is to keep the property they have in their possession at this time.

2. ________ There is no community property to be divided.

3. ________ The community property should be divided as follows (Include retirement

accounts and the last four numbers of all bank accounts, if available)

WIFE SHALL RECEIVE THE FOLLOWING:

___________________________________ ____________________________________

__________________________________ ____________________________________

___________________________________ ____________________________________

Fillable Printable Answer to Complaint for Divorce and Counterclaim with Children - Nevada

Fillable Printable Answer to Complaint for Divorce and Counterclaim with Children - Nevada

Answer to Complaint for Divorce and Counterclaim with Children - Nevada